As a construction lawyer in Paris, Maître Léa Scemama assists project owners, whether individuals or professionals, when a serious defect strikes a new or renovated building. The decennial guarantee is the most powerful protection in French construction law. It is also one of the most misunderstood.
What the decennial guarantee actually covers
Established by the Spinetta Act of 4 January 1978 and codified in article 1792 of the Civil Code, the decennial guarantee covers, for ten years from the acceptance of the works, damage that compromises the soundness of the building or makes it unfit for its purpose. Subsiding foundations, structural cracks, a defective roof or infiltrations that make the premises uninhabitable all fall within its scope.
Strict liability
You do not have to prove any fault. Liability rests automatically on the builder, who can only escape it by proving an external cause: force majeure, the act of a third party or your own fault. This presumption shifts the balance of power in favour of the party suffering the defect.
Related guarantees not to be confused
Three regimes coexist, and confusing them means losing rights. The one-year completion guarantee covers all defects reported at acceptance or within the following year. The two-year guarantee of proper functioning covers removable equipment, such as a roller shutter. Finally, the decennial guarantee covers serious damage for ten years.
Damage insurance, your best ally
Since 1978, any project owner who commissions construction must take out damage insurance before the works begin. Many individuals overlook it. That is a costly mistake. This insurance pre-finances repairs without waiting for a court to identify the party at fault: you are compensated, then the insurer pursues the claims in your place. The time saved is often counted in years.
What to do when a defect appears
Report the loss to the damage insurer without delay, by registered letter. Keep everything: dated photographs, letters, the acceptance report. Except in an emergency, do not start repairs before an expert assessment has established the cause. If the insurer disputes the claim, a judicial expert assessment may be ordered on an interim basis under article 145 of the Code of Civil Procedure. Everything flows from acceptance, which sets the starting point of the ten years.
A defect may fall under several regimes depending on its nature. Our page on construction defects explains how to match each defect to the right guarantee. Depending on the framework, the works may also fall under a new-build house contract or a works contract. Our real estate law hub presents all our services.
Frequently asked questions
Does the decennial guarantee cover cracks?
It depends on their seriousness. Cracks that reveal a structural problem or let water through fall under the decennial guarantee. Purely cosmetic microcracks, with no impact on soundness or use, are excluded.
When do the ten years start running?
From the acceptance of the works, whether pronounced with or without reservations.
Do I have to wait for a trial to be compensated?
No, if you have taken out damage insurance. It pre-finances the repair works and then pursues the claims in your place.